Judge Hears Arguments to Remove AG From Cornell Case
A Sullivan County judge considers a motion to disqualify Attorney General Letitia James from a Cornell sexual assault investigation.
Updated on Oct. 29, 2026 in Sex Crimes
A Sullivan County judge heard arguments on Thursday regarding a motion to remove Attorney General Letitia James as special prosecutor in a Cornell University sexual assault case. The challenge follows the reopening of an investigation into seven former fraternity brothers accused of drugging and raping a student.
Why it matters
The defense argues that social media comments made by Attorney General James indicate a bias that threatens the neutrality of the criminal investigation. This motion seeks to disqualify her office to ensure the proceedings are handled without pre-existing prejudice.
Seven former Chi Phi fraternity brothers remain under investigation for an alleged assault. Judge James Farrell is currently weighing the motion to disqualify the state prosecutor.
The players
Letitia James
The Attorney General of New York who was appointed as special prosecutor for the Cornell University investigation.
James Farrell
The Sullivan County judge presiding over the motion to disqualify the state's top prosecutor.
Kathy Hochul
The Governor of New York who appointed the special prosecutor and recently directed state police to handle Cornell sexual assault complaints.
Andrew Miltenberg
The defense attorney representing the former fraternity brothers who filed the motion to remove the special prosecutor.
The details
Defense attorney Andrew Miltenberg argues that social media posts by the Attorney General demonstrate a clear bias, while the Assistant Attorney General maintains that disqualification requires proof of actual prejudice. Governor Kathy Hochul has since announced that all future sexual assault complaints at Cornell University will be handled by New York State Police.
Timeline
The alleged sexual assault at Cornell University occurred in October 2024.
Governor Kathy Hochul appointed Letitia James as special prosecutor on October 1, 2026.
Judge James Farrell heard oral arguments in Sullivan County on October 29, 2026.
Legal Context
This dispute over the Attorney General's role challenges the scope of executive power in local criminal proceedings. It follows a pattern of heightened scrutiny regarding how New York handles sexual assault investigations that local offices initially declined to prosecute.
The involvement of the Attorney General and the subsequent shift of oversight to State Police changes how sexual assault cases are processed within the Cornell University community. Residents should monitor these proceedings for updates on whether state or local authorities will ultimately hold jurisdiction over campus safety investigations.
The takeaway
The court's decision will determine whether the current special prosecutor remains on the case or if the investigation must be reassigned. This outcome will set a procedural precedent for how high-profile sexual assault investigations are managed across New York state institutions.
What happens next
Judge James Farrell is expected to issue a formal written ruling on the disqualification motion in the coming days.
Further reading
For more information on legal developments, visit the New York Sex Crimes section.
Source note: This article includes information reported by WHMI 93.5 FM.
